Discretionary Trust Clause in a Will

HappyFace | 13:39 Thu 23rd Jun 2005 | Business & Finance

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We have just included a Dicretionary Trust clause within our will to save money on Inheritance Tax. Our only reservation about this clause, is the fact that the surviving spouse requires the permission of the Trustees (my sister on my death and her brother on her death) if they wanted to move house. If either of us were to fall out with the trustee could this be a serious stumbling block for moving house?

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Simply put.... yes! If you legally require the trustees' permission, and you fall out with the trustees, they could decide to be awkward. However, the trustees do have a duty to act in the best interests of the trust and the beneficiaries, so they may be obliged to let you move if there seemed to be a clear benefit for the beneficiaries of you/your spouse doing so.

Therefore, as usual with legal problems, it's a qualified answer! Sorry about that!

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